Employment

  • July 09, 2024

    DC Circ. Dings NLRB's Analysis In Pot Co.'s Certification Fight

    The National Labor Relations Board must explain why it applied one legal test over another when analyzing whether a union representation election at a Chicago cannabis dispensary was fair, the D.C. Circuit said Tuesday, sending the dispensary's challenge to union certification back to the board.

  • July 09, 2024

    CBD Cos. Tell Justices RICO Can't Cover Personal Injury

    A trio of CBD companies on Tuesday urged the U.S. Supreme Court to find that a trucker fired for a positive drug test cannot bring a personal injury claim under the Racketeer Influenced and Corrupt Organizations Act.

  • July 09, 2024

    5th Circ. Presses SEC On Whistleblower Award Calculation

    The Fifth Circuit heard oral arguments Tuesday in a case accusing the U.S. Securities and Exchange Commission of shortchanging two whistleblowers who uncovered the largest fraud in Texas history, with one judge pressing the agency's attorney over how much money it was able to collect after the fraudster declared bankruptcy.

  • July 09, 2024

    Miracle-Gro Scores Early Win In Benefits Cutoff Suit

    Scotts Miracle-Gro notched an early win in a former worker's lawsuit alleging she was forced out when her health benefits were cut after she asked to work remotely following a bout of COVID-19, with a Georgia federal judge ruling Tuesday her position necessitated in-person attendance.

  • July 09, 2024

    Calif. Tribe Wants Nix Of Casino Card Check Arbitration Award

    An arbitration award that required a California tribe to comply with a union authorization card check process at a casino should be nixed, the tribe has told a federal judge, arguing a tribal ordinance mapping out a procedure for a secret ballot election must be followed instead.

  • July 09, 2024

    3rd Circ. Questions DuPont Family Trust's ERISA Status

    In a hearing Tuesday about a dispute between the DuPont family and its domestic workers over trust money, Third Circuit judges quizzed both sides on the level of involvement needed from trustees or the family for the fund to be considered a plan covered by the Employee Retirement Income Security Act.

  • July 09, 2024

    Ex-Cardinals VP Bristles At Arbitration Bid In Defamation Case

    The Arizona Cardinals cannot claim that the arbitration clause in NFL employee contracts covers the defamation allegations by former team vice president Terry McDonough because the defamation by the team, its law firm and public relations firm took place after he stopped working for them, McDonough told an Arizona federal court.

  • July 09, 2024

    CIT Finds Labor Issues Don't Justify Penalty Evasion Ruling

    The U.S. Court of International Trade backed U.S. Customs and Border Protection's decision not to penalize an importer that allegedly threatened workers against speaking with officials investigating potential duty evasion, saying the purported misconduct hadn't hampered the probe.

  • July 09, 2024

    No Conflict For Ballard Spahr In Ex-Union Leader's Bribe Case

    A Pennsylvania federal judge on Tuesday rejected a claim by former Philadelphia union leader and convicted felon John "Johnny Doc" Dougherty that his Ballard Spahr LLP defense team marred its representation of him in a bribery prosecution because of a conflict of interest with Comcast.

  • July 09, 2024

    Ex-Uber Driver Urges 9th Circ. To Rehear Race Bias Suit

    An Asian former Uber driver is asking the Ninth Circuit to overturn a panel's June ruling finding he failed to support his allegations that the ride-hailing giant's rating system is racially biased, saying the court held him to too high of a standard.

  • July 09, 2024

    $2.4 Million Crate & Barrel BIPA Deal Gets Final OK

    A Cook County judge on Tuesday gave his final signoff to a $2.4 million deal ending litigation accusing Crate & Barrel of violating Illinois' biometric privacy law by requiring employees at its stores to scan their fingerprints to track their time worked without first securing their written, informed permission.

  • July 09, 2024

    Ex-Worker Says She Was Assaulted By Fulton Court Staffer

    A former Fulton County Clerk of Superior and Magistrate Courts employee has filed a lawsuit against the clerk and county for allegedly protecting and enabling a senior staff member who she says sexually assaulted and harassed her.

  • July 09, 2024

    Jackson Lewis Snags Proskauer Atty In NYC Office

    Nationwide employment law firm Jackson Lewis PC announced Tuesday that it has hired a former Proskauer Rose LLP associate as a principal in its New York City office.

  • July 09, 2024

    Weinstein May Face Nov. Retrial As DA Vets New Rape Claims

    Manhattan prosecutors Tuesday said November is a "realistic" date for Harvey Weinstein's retrial on rape charges as they continue to investigate new claims that the disgraced Hollywood producer assaulted other women, saying they expect to seek a superseding indictment by late September.

  • July 09, 2024

    Alaska Senators Condemn District Judge After Resignation

    Alaska's two Republican senators reprimanded the federal judge from their state who was found by a special committee to have created a hostile work environment and had an "inappropriately sexualized relationship" with one of his clerks, and has resigned.

  • July 09, 2024

    DOL Says It Can Regulate Foreign Farmworkers' Wages

    The U.S. Department of Labor has argued that it has had the authority to regulate wages for foreign H-2A farmworkers for about 40 years, telling a Georgia federal court that 17 Republican attorneys general and two entities cannot halt a rule that just went into effect.

  • July 09, 2024

    Ex-NLRB Atty Rejoins Ogletree After In-House Stint

    After a busy month of expansion, management-side labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC announced Monday that it is welcoming a shareholder back to the firm following his in-house stint with wholesale grocery distributor UNFI.

  • July 09, 2024

    Medical Office Manager Gets 5 Years For Tax, Mail Fraud

    The former office manager of an Illinois medical practice was sentenced to five years in federal prison and ordered to pay $3 million in restitution — most of it to his former employer — after admitting to filing a false tax return and stealing from the practice.

  • July 09, 2024

    UNC Health Worker's Age Bias Mediation Ends In Stalemate

    The University of North Carolina Health Care System and a former supply chain manager have reached an impasse trying to resolve his age discrimination claims outside of court, according to a mediator's recent report.

  • July 08, 2024

    Fintech Co. Current Can't Stop Ex-GC's Depo In Bias Case

    Fintech company Current must allow the deposition of its former general counsel in a suit claiming it fostered a discriminatory work culture, a New York federal magistrate judge has ruled though the judge limited the deposition to focus on discrimination the general counsel may have personally experienced or witnessed.

  • July 08, 2024

    Polsinelli Adds Prominent Employment Attys To Calif. Offices

    Polsinelli LLP has added a pair of experienced labor and employment attorneys to its Los Angeles and San Francisco offices, bolstering the firm's wage-and-hour and general employment practice in the Golden State, according to an announcement made Monday.

  • July 08, 2024

    Class Attys Seek 24.4M Tesla Shares For Musk Pay Suit Win

    A stockholder attorney whose team won an order voiding Tesla CEO Elon Musk's $56 billion, stock-based, 10-year compensation package in January urged Delaware's Court of Chancery on Monday to reject as "inherently wrong" the electric vehicle manufacturer's attacks on winning-side, stock-based attorney fee proposals ranging in value from $1.44 billion to more than $7 billion.

  • July 08, 2024

    UPS Beats 'Old Boys' Club' Gender Bias Suit For Good

    United Parcel Service Inc. scored a pretrial win Monday in a lawsuit claiming it passed over women for promotions and gave men better pay and working conditions after a California federal judge ruled that the three plaintiffs hadn't done enough to show the shipping company discriminated against them.

  • July 08, 2024

    Biggest Michigan Decisions Of 2024: A Midyear Report

    Michigan's appellate courts started off the year with notable labor and no-fault insurance opinions, allowing retaliation claims from a whistleblower's friends who didn't make any complaints themselves, and clarifying confusing auto insurance coverage changes after legislative reforms. Here is a look at some of the biggest decisions in Michigan so far this year.

  • July 08, 2024

    World Economic Forum Illegally Fired Black Worker, Suit Says

    The World Economic Forum fired a Black employee the day she returned from maternity leave and replaced her with a white worker who wasn't pregnant, even though she was told her position had been eliminated, according to a suit filed Monday in New York federal court.

Expert Analysis

  • Tailoring Compliance Before AI Walks The Runway

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    Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • 3 Surprising Deposition Dangers Attorneys Must Heed

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    Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.

  • What Employers Need To Know About Colorado's New AI Law

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    The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.

  • Opinion

    Paid Noncompetes Offer A Better Solution Than FTC's Ban

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    A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Where Anti-Discrimination Law Stands 4 Years After Bostock

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    On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Crafting An Effective Workplace AI Policy After DOL Guidance

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    Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at ​​​​​​​Porzio Bromberg.

  • Patent Lessons From 7 Federal Circuit Reversals In May

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    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Politics In The Workplace: What Employers Need To Know

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    As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.

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